Text: HSB00143 Text: HSB00145 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 233.3, Code 2003, is amended to read as 1 2 follows: 1 3 233.3 IMMUNITY. 1 4 Any person authorized by the parent to assist with release 1 5 of custody in accordance with section 233.2 by relinquishing 1 6 physical custody of the newborn infant or to otherwise act on 1 7 the parent's behalf is immune from criminal prosecution for 1 8 abandonment or neglect of the newborn infant under section 1 9726.3 or726.6 and civil liability for any reasonable acts or 1 10 omissions made in good faith in assisting with the release. 1 11 Sec. 2. Section 235B.1, subsection 4, paragraph a, 1 12 subparagraph (1), Code 2003, is amended to read as follows: 1 13 (1) Advise thedirector of human services and the1 14administrator of the division of child and family services of1 15the department of human services regardingdepartments charged 1 16 with the responsibility of addressing dependent adult abuse. 1 17 Sec. 3. Section 235B.2, subsection 1, Code 2003, is 1 18 amended by striking the subsection. 1 19 Sec. 4. Section 235B.2, subsection 4, Code 2003, is 1 20 amended to read as follows: 1 21 4. "Dependent adult" means a person eighteen years of age 1 22 or older who is unable to protect the person's own interests 1 23 or unable to adequately perform or obtain services necessary 1 24 to meet essential human needs, as a result of a physical or 1 25 mental condition which requires assistance from another, a 1 26 person eighteen years of age or older who is certified for 1 27 residency in a health care facility, as defined in section 1 28 135C.1, or as defined by departmental rule. 1 29 Sec. 5. Section 235B.2, subsection 5, paragraph a, 1 30 subparagraph (1), Code 2003, is amended to read as follows: 1 31 (1) Any of the following as a result ofthewillful or 1 32 negligent acts or omissions ofa caretakeran individual other 1 33 than the dependent adult: 1 34 Sec. 6. Section 235B.2, subsection 5, paragraph a, 1 35 subparagraph (3), Code 2003, is amended to read as follows: 2 1 (3) Sexual exploitation of a dependent adult who is a 2 2 resident of a health care facility, as defined in section 2 3 135C.1, bya caretakeran individual providing services to or 2 4 employed by the health care facility, whether within the 2 5 health care facility or at a location outside of the health 2 6 care facility. 2 7 "Sexual exploitation" means any consensual or nonconsensual 2 8 sexual conduct with a dependent adult for the purpose of 2 9 arousing or satisfying the sexual desires ofthe caretakeran 2 10 individual or dependent adult, which includes but is not 2 11 limited to kissing; touching of the clothed or unclothed inner 2 12 thigh, breast, groin, buttock, anus, pubes, or genitals; or a 2 13 sex act, as defined in section 702.17. Sexual exploitation 2 14 does not include touching which is part of a necessary 2 15 examination, treatment, or care bya caretakeran individual 2 16 acting within the scope of the practice or employment of the 2 17caretakerindividual; the exchange of a brief touch or hug 2 18 between the dependent adult anda caretakeran individual for 2 19 the purpose of reassurance, comfort, or casual friendship; or 2 20 touching between spouses. 2 21 Sec. 7. Section 235B.2, subsection 5, paragraph a, Code 2 22 2003, is amended by adding the following new subparagraph: 2 23 NEW SUBPARAGRAPH. (4) Emotional or psychological abuse. 2 24 "Emotional or psychological abuse" means deliberately 2 25 subjecting the dependent adult to repeated or malicious or 2 26 outrageous oral, written, or gestured language or treatment 2 27 which would be considered by a reasonable person to be 2 28 intended to cause at least one of the following: fear, alarm, 2 29 agitation, confusion, humiliation, or serious emotional 2 30 distress. 2 31 Sec. 8. Section 235B.2, subsection 5, paragraph b, 2 32 subparagraph (2), Code 2003, is amended to read as follows: 2 33 (2) Circumstances in whichthe dependent adult's caretaker2 34 an individual, acting in accordance with the dependent adult's 2 35 stated or implied consent, declines medical treatment if the 3 1 dependent adult holds a belief or is an adherent of a religion 3 2 whose tenets and practices call for reliance on spiritual 3 3 means in place of reliance on medical treatment. 3 4 Sec. 9. Section 235B.3, subsections 2 and 5, Code 2003, 3 5 are amended to read as follows: 3 6 2. All of the following persons shall report suspected 3 7 dependent adult abuse to the department: 3 8a. A social worker.3 9b. A certified psychologist.3 10c.a. A person who, in the course of employment, examines, 3 11 attends, counsels, or treats a dependent adult and reasonably 3 12 believes the dependent adult has suffered abuse, including: 3 13 (1) A member of the staff of a community mental health 3 14 center, a member of the staff of a hospital, a member of the 3 15 staff or employee of a public or private health care facility 3 16 as defined in section 135C.1. 3 17 (2) A peace officer. 3 18 (3) An in-home homemaker-home health aide. 3 19 (4) An individual employed as an outreach person. 3 20 (5) A health practitioner, as defined in section 232.68. 3 21 (6) A member of the staff or an employee of a supported 3 22 community living service, sheltered workshop, or work activity 3 23 center. 3 24 (7) A social worker. 3 25 (8) A certified psychologist. 3 26d.b. A person who performs inspections of elder group 3 27 homes for the department of elder affairs and a resident 3 28 advocate committee member assigned to an elder group home 3 29 pursuant to chapter 231B. 3 30 c. A licensed funeral director. 3 31 5. Following the reporting of suspected dependent adult 3 32 abuse, the department of human services or an agency approved 3 33 by the department shall complete an assessment of necessary 3 34 services and shall make appropriate referrals for receipt of 3 35 these services. The assessment shall include interviews with 4 1 the dependent adult, and, if appropriate, with the alleged 4 2 perpetrator of the dependent adult abuse and with any person 4 3 believed to have knowledge of the circumstances of the case. 4 4 The department may provide necessary protective services and 4 5 may establish a sliding fee schedule for those persons able to 4 6 pay a portion of the protective services. 4 7 Sec. 10. Section 235B.6, subsection 2, paragraph c, Code 4 8 2003, is amended by adding the following new subparagraph: 4 9 NEW SUBPARAGRAPH. (8) An employee of an agency requested 4 10 by the department to provide case management or other services 4 11 to the dependent adult. 4 12 Sec. 11. Section 235B.6, subsection 2, paragraph e, Code 4 13 2003, is amended by adding the following new subparagraph: 4 14 NEW SUBPARAGRAPH. (10) The long-term care resident's 4 15 advocate if the victim resides in a long-term care facility or 4 16 the alleged perpetrator is an employee of a long-term care 4 17 facility. 4 18 Sec. 12. Section 235B.6, subsection 3, Code 2003, is 4 19 amended to read as follows: 4 20 3. Access to unfounded dependent adult abuse information 4 21 is authorized only to those persons identified in subsection 4 22 2, paragraph "a", paragraph "b", subparagraphs (2), (5), and 4 23 (6), paragraph "c", subparagraph (8), and paragraph "e", 4 24subparagraphsubparagraphs (2) and (10). 4 25 Sec. 13. Section 235B.9, subsections 1, 2, and 3, Code 4 26 2003, are amended to read as follows: 4 27 1. Dependent adult abuse informationrelating to a4 28particular case of suspected dependent adult abusewhich is 4 29 determined by a preponderance of the evidence to be founded 4 30 shall be sealed ten years after the receipt of the initial 4 31 report of such abuse by the registry unless good cause is 4 32 shown why the information should remain open to authorized 4 33 access. If a subsequent report ofa suspected case offounded 4 34 dependent adult abuse involving the adult named in the initial 4 35 report as the victim of abuse or a person named in such report 5 1 as having abused an adult is received by the registry within 5 2 the ten-year period, the information shall be sealed ten years 5 3 after receipt of the subsequent report unless good cause is 5 4 shown why the information should remain open to authorized 5 5 access. 5 6 2. Dependent adult abuse information whichcannot be5 7determined by a preponderance of the evidence to be founded or5 8unfounded shall be expunged one year after the receipt of the5 9initial report of abuse and dependent adult abuse information5 10whichis determined by a preponderance of the evidence to be 5 11 unfounded shall be expungedimmediately whenone year from the 5 12 date it is determined to be unfounded. 5 13 3. However, if a correction of dependent adult abuse 5 14 information is requested under section 235B.10 and the issue 5 15 is not resolved at the end of one year the information shall 5 16 be retained until the issue is resolved and if the dependent 5 17 adult abuse information is not determined to be founded, the 5 18 information shall be expungedimmediately whenone year from 5 19 the date it is determined to be unfounded. 5 20 Sec. 14. Section 235B.16, subsection 1, paragraph b, Code 5 21 2003, is amended to read as follows: 5 22 b. Providingcaretakers withinformation to individuals 5 23 regarding services to alleviate the emotional, psychological, 5 24 physical, or financial stress associated with thecaretaker5 25 individual's and dependentadultadult's relationship. 5 26 Sec. 15. Section 235B.16, subsection 5, paragraph e, Code 5 27 2003, is amended by striking the paragraph. 5 28 Sec. 16. Section 235B.17, Code 2003, is amended to read as 5 29 follows: 5 30 235B.17 PROVISION OF PROTECTIVE SERVICES WITH THE CONSENT 5 31 OF DEPENDENT ADULT –CARETAKERINDIVIDUAL'S REFUSAL. 5 32 Ifa caretaker of a dependent adult, who consents to the5 33receipt of protective services,an individual refuses to allow 5 34 provision oftheprotective services to a dependent adult who 5 35 consents to receipt of the services, the department may 6 1 petition the court for an order enjoining thecaretaker6 2 individual from interfering with the provision of services. 6 3 The petition shall allege specific facts sufficient to 6 4 demonstrate that the dependent adult is in need of protective 6 5 services and consents to the provision of services and that 6 6 thecaretakerindividual refuses to allow provision of the 6 7 services. If the judge finds by clear and convincing evidence 6 8 that the dependent adult is in need of protective services and 6 9 consents to the services and that thecaretakerindividual 6 10 refuses to allow the services, the judge may issue an order 6 11 enjoining thecaretakerindividual from interfering with the 6 12 provision of the protective services. 6 13 Sec. 17. Section 235B.18, subsection 1, Code 2003, is 6 14 amended to read as follows: 6 15 1. If the department reasonably determines that a 6 16 dependent adult is a victim of dependent adult abuse and lacks 6 17 capacity to consent to the receipt of protective services, the 6 18 department may petition the district court in the county in 6 19 which the dependent adult resides for an order authorizing the 6 20 provision of protective services. The petition shall allege 6 21 specific facts sufficient to demonstrate that the dependent 6 22 adult is in need of protective services and lacks capacity to 6 23 consent to the receipt of services. 6 24 Sec. 18. Section 235B.19, subsection 1, Code 2003, is 6 25 amended to read as follows: 6 26 1. If the department determines that a dependent adult is 6 27 suffering from dependent adult abuse which presents an 6 28 immediate danger to the health or safety of the dependent 6 29 adult, that the dependent adult lacks capacity to consent to 6 30 receive protective services, and that no consent can be 6 31 obtained, the department may petition the district court with 6 32 probate jurisdiction in the county in which the dependent 6 33 adult resides for an emergency order authorizing protective 6 34 services. 6 35 Sec. 19. Section 235B.19, subsection 6, unnumbered 7 1 paragraph 1, Code 2003, is amended to read as follows: 7 2 The department, upon finding that dependent adult abuse has 7 3 occurred and is either ongoing or is likely to reoccur, may 7 4 petition the district court in the county in which the 7 5 dependent adult resides for injunctive relief against the 7 6 alleged perpetrator. The petition shall conform to the 7 7 requirements of subsection 2 and shall specify the relief 7 8 sought. Upon finding that dependent adult abuse has occurred 7 9 and that the abuse is either ongoing or likely to reoccur, the 7 10 court mayalsoenter temporary orders as may be appropriate to 7 11 third persons enjoining them from specific conduct. In 7 12 instances of self-denial of critical care, the court may enter 7 13 temporary orders authorizing the provision of support services 7 14 to the dependent adult. Temporary orders entered pursuant to 7 15 this subsection shall remain in effect for a period of thirty 7 16 days from the date of entry unless extended for good cause. 7 17 The orders may include temporary restraining orders which 7 18 impose criminal sanctions if violated. Third parties enjoined 7 19 under this subsection shall be provided notice of the court 7 20 order in accordance with court rules. The court may enjoin 7 21 third persons from but not limited to any of the following: 7 22 Sec. 20. Section 252B.7, subsection 1, paragraph c, Code 7 23 2003, is amended to read as follows: 7 24 c. An information charging a violation of section726.3,7 25 726.5 or 726.6. 7 26 Sec. 21. Section 600B.29, Code 2003, is amended to read as 7 27 follows: 7 28 600B.29 DESERTION STATUTE APPLICABLE. 7 29 The provisions of sections726.3726.4 through726.5726.6 7 30 relating to desertion and abandonment of children, have the 7 31 same effect in cases of illegitimacy where paternity has been 7 32 judicially established, or has been acknowledged by the father 7 33 in writing or by the furnishing of support, as in cases of 7 34 children born in wedlock. 7 35 Sec. 22. Section 726.3, Code 2003, is amended by striking 8 1 the section and inserting in lieu thereof the following: 8 2 726.3 DEPENDENT ADULT ENDANGERMENT. 8 3 1. A person commits dependent adult endangerment when the 8 4 person through willful or negligent acts or omissions does any 8 5 of the following: 8 6 a. Creates a substantial risk to a dependent adult's 8 7 physical, mental, or emotional health or safety. 8 8 b. Uses unreasonable force, torture, or cruelty that 8 9 results in bodily injury, or that is intended to cause serious 8 10 injury. 8 11 c. Causes bodily injury to, unreasonably confines, 8 12 unreasonably punishes, or assaults a dependent adult. 8 13 d. Evidences unreasonable force, torture, or cruelty, that 8 14 causes substantial mental or emotional harm to a dependent 8 15 adult. 8 16 e. Deprives a dependent adult of necessary food, clothing, 8 17 shelter, health care, or supervision when the person is 8 18 reasonably able to make the necessary provisions and which 8 19 deprivation substantially harms the dependent adult. 8 20 f. Permits the continuing physical or sexual abuse of a 8 21 dependent adult. 8 22 g. With or against a dependent adult commits a sexual 8 23 offense under chapter 709 or section 726.2. 8 24 h. Abandons the dependent adult to fend for the dependent 8 25 adult's own self, knowing that the dependent adult is unable 8 26 to do so. 8 27 i. Exploits the dependent adult by the act or process of 8 28 taking financial resources or property from the dependent 8 29 adult without the informed consent of the dependent adult, 8 30 including by theft, undue influence, harassment, duress, 8 31 deception, false representation, or false pretense. 8 32 2. A person who intentionally commits dependent adult 8 33 endangerment resulting in serious or bodily injury to a 8 34 dependent adult is guilty of a class "C" felony. 8 35 3. A person who recklessly commits dependent adult 9 1 endangerment resulting in serious or bodily injury to a 9 2 dependent adult is guilty of a class "D" felony. 9 3 4. A person who commits dependent adult endangerment not 9 4 resulting in serious or bodily injury to a dependent adult is 9 5 guilty of an aggravated misdemeanor. 9 6 5. A person who commits dependent adult endangerment by 9 7 exploiting the dependent adult by the act or process of taking 9 8 financial resources or property from the dependent adult 9 9 without the informed consent of the dependent adult, is guilty 9 10 of a class "D" felony. 9 11 6. A person alleged to have committed a violation of this 9 12 section shall be charged with the respective offense cited, 9 13 unless a charge may be brought based upon a more serious 9 14 offense, in which case the charge of the more serious offense 9 15 shall supersede the charge of the less serious offense. 9 16 7. For the purposes of this section, "dependent adult" 9 17 means dependent adult as defined in section 235B.2. 9 18 Sec. 23. Section 726.8, subsections 1 and 4, Code 2003, 9 19 are amended to read as follows: 9 20 1. Acaretakerperson who is the parent, guardian, or any 9 21 person having custody or control over a dependent adult 9 22 commits wanton neglect of a dependent adult if thecaretaker9 23 person knowingly acts in a manner likely to be injurious to 9 24 the physical, mental, or emotional welfare of a dependent 9 25 adult. Wanton neglect of a dependent adult is a serious 9 26 misdemeanor. 9 27 4. For the purposes of this section, "dependent adult" 9 28 means a dependent adult as defined in section 235B.2,9 29subsection 4, and "caretaker" means a caretaker as defined in9 30section 235B.2, subsection 1. 9 31 Sec. 24. Section 915.37, unnumbered paragraph 1, Code 9 32 2003, is amended to read as follows: 9 33 A prosecuting witness who is a child, as defined in section 9 34 702.5, in a case involving a violation of chapter 709 or 9 35 section 726.2,726.3,726.6, or 728.12, is entitled to have 10 1 the witness's interests represented by a guardian ad litem at 10 2 all stages of the proceedings arising from such violation. 10 3 The guardian ad litem shall be a practicing attorney and shall 10 4 be designated by the court after due consideration is given to 10 5 the desires and needs of the child and the compatibility of 10 6 the child and the child's interests with the prospective 10 7 guardian ad litem. If a guardian ad litem has previously been 10 8 appointed for the child in a proceeding under chapter 232 or a 10 9 proceeding in which the juvenile court has waived jurisdiction 10 10 under section 232.45, the court shall appoint the same 10 11 guardian ad litem under this section. The guardian ad litem 10 12 shall receive notice of and may attend all depositions, 10 13 hearings, and trial proceedings to support the child and 10 14 advocate for the protection of the child but shall not be 10 15 allowed to separately introduce evidence or to directly 10 16 examine or cross-examine witnesses. However, the guardian ad 10 17 litem shall file reports to the court as required by the 10 18 court. If a prosecuting witness is fourteen, fifteen, 10 19 sixteen, or seventeen years of age, and would be entitled to 10 20 the appointment of a guardian ad litem if the prosecuting 10 21 witness were a child, the court may appoint a guardian ad 10 22 litem if the requirements for guardians ad litem in this 10 23 section are met, and the guardian ad litem agrees to 10 24 participate without compensation. 10 25 Sec. 25. Section 915.84, subsection 3, Code 2003, is 10 26 amended to read as follows: 10 27 3. Notwithstanding subsection 2, a victim under the age of 10 28 eighteen or dependent adult as defined in section 235B.2 who 10 29 has been sexually abused or subjected to any other unlawful 10 30 sexual conduct under chapter 709 or 726 or who has been the 10 31 subject of a forcible felony is not required to report the 10 32 crime to the local police department or county sheriff 10 33 department to be eligible for compensation if the crime was 10 34 allegedly committed upon a child by a person responsible for 10 35 the care of a child, as defined in section 232.68, subsection 11 1 7, or upon a dependent adult by acaretaker as defined in11 2section 235B.2person who is the parent, guardian, or any 11 3 person having custody or control over the dependent adult, and 11 4 was reported to an employee of the department of human 11 5 services and the employee verifies the report to the 11 6 department. 11 7 Sec. 26. Section 235B.20, Code 2003, is repealed. 11 8 Sec. 27. EFFECTIVE DATE – CONTINGENCY. This Act takes 11 9 effect only when the general assembly appropriates funding and 11 10 specifically states in the language of the appropriation that 11 11 the funding is sufficient, based upon an estimate on file with 11 12 the house of origin of the Act, for the implementation and 11 13 administration of the Act. The department of human services 11 14 shall notify the Code editor when sufficient funds are 11 15 appropriated to implement and administer this Act. 11 16 EXPLANATION 11 17 This bill relates to dependent adult abuse. The bill 11 18 provides that the dependent adult abuse advisory council is to 11 19 advise not only the director of human services and the 11 20 administrator of the division of child and family services 11 21 regarding dependent adult abuse, but is to advise the 11 22 departments charged with addressing dependent adult abuse. 11 23 The bill defines "dependent adult" to include a person 18 11 24 years of age or older who is certified for residency in a 11 25 health care facility or as defined by departmental rule. The 11 26 bill also strikes the limitation of potential perpetrators to 11 27 caretakers. The bill includes "psychological and emotional 11 28 abuse" in the definition of "dependent adult abuse". 11 29 The bill specifies that the persons who are required to 11 30 report suspected dependent adult abuse do not include all 11 31 social workers and certified psychologists, but only those 11 32 social workers and certified psychologists who, in the course 11 33 of employment, examine, attend, counsel, or treat a dependent 11 34 adult and reasonably believe the dependent adult has suffered 11 35 abuse. The bill adds licensed funeral directors to the list 12 1 of persons required to report suspected dependent adult abuse. 12 2 The bill allows an agency approved by the department of human 12 3 services, not only the department of human services, to 12 4 complete an assessment of necessary services and make 12 5 appropriate referrals following the reporting of suspected 12 6 dependent adult abuse. The bill provides that access to 12 7 founded dependent adult abuse information is authorized to an 12 8 employee of an agency requested by the department of human 12 9 services to provide case management or other services to the 12 10 dependent adult and to the long-term care residents advocate 12 11 when the dependent adult resides in a long-term care facility 12 12 or when the alleged perpetrator is an employee of a long-term 12 13 facility. The bill also provides that access to unfounded 12 14 dependent adult abuse information is authorized to a 12 15 multidisciplinary team, if necessary to assist the department 12 16 in the investigation, diagnosis, assessment, and disposition 12 17 of a case, to an employee of an agency requested by the 12 18 department of human services to provide case management or 12 19 other services, and to the long-term care residents advocate 12 20 when the dependent adult resides in a long-term care facility 12 21 or when the alleged perpetrator is an employee of a long-term 12 22 facility. The bill provides that dependent adult abuse 12 23 information that is determined by a preponderance of the 12 24 evidence to be founded is to be sealed 10 years after the 12 25 receipt of the initial report unless good cause is shown why 12 26 the information should remain open. Currently, information 12 27 relating to a particular case of suspected dependent adult 12 28 abuse is subject to this time frame before it is sealed. 12 29 Additionally, currently if a subsequent report of a suspected 12 30 case of dependent adult abuse involving the same dependent 12 31 adult or alleged perpetrator is received by the registry 12 32 within the 10-year period, the information is then to be 12 33 sealed 10 years after receipt of the subsequent report unless 12 34 good cause is shown. Under the bill, this time frame relates 12 35 to a subsequent report of founded dependent adult abuse only. 13 1 The bill eliminates the provision that dependent adult abuse 13 2 information that cannot be determined by a preponderance of 13 3 the evidence to be founded or unfounded shall be expunged one 13 4 year after receipt of the initial report and provides that 13 5 dependent adult abuse information that is determined by a 13 6 preponderance of the evidence to be unfounded shall be 13 7 expunged one year after receipt of the initial report, not 13 8 immediately upon a determination that it is unfounded. The 13 9 bill provides that if a correction of dependent adult abuse 13 10 information is requested and the issue is not resolved at the 13 11 end of one year, the information is to be retained until the 13 12 issue is resolved and if it is not determined to be founded, 13 13 the information is to be expunged one year from the date it is 13 14 determined to be unfounded, rather than immediately. 13 15 The bill eliminates the provision that allowed a person 13 16 required to complete both child abuse and dependent adult 13 17 abuse mandatory reporter training to complete the training 13 18 through a combined program. 13 19 The bill specifies that a petition for an order authorizing 13 20 the provision of protective services or authorizing an 13 21 emergency order for protective services is to be filed with 13 22 the district court in the county in which the dependent adult 13 23 resides. The bill also provides that if the department of 13 24 human services finds that dependent adult abuse has occurred 13 25 and is ongoing or likely to reoccur, the department may 13 26 petition the court for injunctive relief against the alleged 13 27 perpetrator and directs that the court may enter temporary 13 28 orders as appropriate. The bill also provides that if the 13 29 court enters a temporary order, the order remains in effect 13 30 for 30 days unless extended for good cause. 13 31 The bill eliminates the Code section under Code chapter 13 32 235B relating to initiation of charges and penalties for 13 33 dependent adult abuse, and modifies and relocates these 13 34 provisions in Code chapter 726 (protection of the family and 13 35 dependent persons) which is located in the criminal law 14 1 portion of the Code. 14 2 Under current law in Code section 235B.20, only a caretaker 14 3 who commits dependent adult abuse is guilty of a certain level 14 4 of crime based upon whether the crime was committed in an 14 5 intentional or reckless manner. Under current provisions, a 14 6 caretaker who intentionally commits dependent adult abuse that 14 7 results in serious injury to the dependent adult is guilty of 14 8 a class "C" felony and if the abuse was committed in a 14 9 reckless manner, the person is guilty of a class "D" felony. 14 10 Under current provisions, a caretaker who intentionally 14 11 commits dependent adult abuse that results in physical injury 14 12 is guilty of a class "C" felony and if the abuse was committed 14 13 in a reckless manner, the person is guilty of an aggravated 14 14 misdemeanor. Additionally, under current provisions, if a 14 15 caretaker exploits a dependent adult, and the value of the 14 16 property, assets or resources exceeds $100, the person is 14 17 guilty of a class "D" felony, and if the value is $100 or 14 18 less, the person is guilty of a simple misdemeanor. 14 19 Under the bill, not only a caretaker but any person who 14 20 commits dependent adult endangerment is subject to criminal 14 21 penalties. Under the bill, a person commits dependent adult 14 22 endangerment if the person through willful or negligent acts 14 23 or omissions does any of the following: 14 24 1. Creates a substantial risk to a dependent adult's 14 25 physical, mental, or emotional health or safety. 14 26 2. Uses unreasonable force, torture, or cruelty that 14 27 results in bodily injury, or that is intended to cause serious 14 28 injury. 14 29 3. Causes bodily injury to, unreasonably confines, 14 30 unreasonably punishes, or assaults a dependent adult. 14 31 4. Evidences unreasonable force, torture, or cruelty, that 14 32 causes substantial mental or emotional harm to a dependent 14 33 adult. 14 34 5. Deprives a dependent adult of necessary food, clothing, 14 35 shelter, health care, or supervision when the person is 15 1 reasonably able to make the necessary provisions and which 15 2 deprivation substantially harms the dependent adult. 15 3 6. Permits the continuing physical or sexual abuse of a 15 4 dependent adult. 15 5 7. With or against a dependent adult commits a sexual 15 6 offense under Code chapter 709 or Code section 726.2. 15 7 8. Abandons the dependent adult to fend for the dependent 15 8 adult's own self, knowing that the dependent adult is unable 15 9 to do so. 15 10 9. Exploits a dependent adult by the act or process of 15 11 taking financial resources or property from the dependent 15 12 adult without the informed consent of the dependent adult, 15 13 including by theft, undue influence, harassment, duress, 15 14 deception, false representation, or false pretense. 15 15 The bill provides that if a person intentionally commits 15 16 dependent adult endangerment that results in serious or bodily 15 17 injury, the person is guilty of a class "C" felony, and if the 15 18 endangerment was committed in a reckless manner, the person is 15 19 guilty of a class "D" felony. If a person commits dependent 15 20 adult endangerment that does not result in serious or bodily 15 21 injury to a dependent adult, the person is guilty of an 15 22 aggravated misdemeanor. A person who exploits a dependent 15 23 adult is guilty of a class "D" felony. 15 24 The bill takes effect only when the general assembly 15 25 appropriates funding and specifically states in the language 15 26 of the appropriation that the funding is sufficient, based on 15 27 an estimate on file with the house of origin of the bill, for 15 28 implementation and administration of the bill. The bill also 15 29 directs the department of human services to notify the Code 15 30 editor when sufficient funds are appropriated. 15 31 LSB 1059DP 80 15 32 pf/cl/14.2
Text: HSB00143 Text: HSB00145 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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